Finisar Corporation v. Nistica, Inc.

Filing 37

ORDER by Judge Yvonne Gonzalez Rogers denying 23 Motion to Dismiss as Moot. The hearing set for November 12, 2013 is VACATED. (fs, COURT STAFF) (Filed on 10/30/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 FINISAR CORPORATION, 10 11 Northern District of California United States District Court 12 Plaintiff Case No.: 13-CV-3345 YGR ORDER DENYING MOTION TO DISMISS AS MOOT vs. NISTICA, INC., 13 Defendant. 14 15 In this patent case, on October 3, 2013, Plaintiff filed a motion to dismiss counterclaims 16 asserted in Defendant’s Answer under Federal Rule of Civil Procedure 12(b)(6), and to strike 17 affirmative defenses under Rule 12(f). (Dkt. No. 23). 18 On October 17, 2013, Defendant filed a statement of non-opposition, in which it represented 19 that, pursuant to Rule 15(a)(1(B), it would file an Amended Answer no later than October 24, 2013. 20 (Dkt. No. 32.) 21 Defendant timely filed its Amended Answer. (Dkt. No. 35.) In light of the filing of that 22 pleading, Plaintiff’s motion is DENIED as moot. The hearing set for November 12, 2013, is 23 VACATED. 24 This Order terminates Docket No. 23. 25 IT IS SO ORDERED. 26 27 28 Date: October 30 , 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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